Thomas Lee Gleason Jr. v. L. Franklin

Facts, which reads “Defendant made no sexually suggestive comments during the March 14 search.” Dkt. 144-2 at 7 (citing Gleason Depo. 193:1-194:5).

Plaintiff filed an Opposition. See Dkt. 146. He objected that Defendant “did make sexual comments to me on March 14, 2012 to the best of my recol[l]ection he said you know you like it.” Id. at 3. He argued that it was “egregious for the defendant to . . . repeatedly grope the Plaintiff’s buttocks and then say you know you like it.” Id. at 14; see also id. at 21 (“Why don’t you try wrap[p]ing your mind around the idea of Franklin . . . tell[ing] you, you know you like it.”).

Defendant filed a Reply. See Dkt. 149. In a section titled “Summary of the Evidence,” he stated that “[i]n contrast to the deposition testimony . . . Plaintiff’s Opposition claims that on March 14, 2012, Defendant made sexual comments to him (‘you know you like that . . . ’).” Id. at 10, 15 (emphasis added). Defendant argued that “the allegation . . . [of] sexually suggestive comments” during the March 14 search “contradicts Plaintiff’s deposition testimony.” Id. at 26.2 Therefore, Defendant argued, Plaintiff’s allegation that on March 14, 2012, Defendant made…